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Narendra   21 September 2020

What action taken by police in civil nature case ?

What action taken by police when F.I.R. is registered against accused about cheating by publishing advertisements about investing in business and assurance of fixed income per month in news paper  by written notarized agreement  , breach of contract and cheque bounce case under sec. 420 & 406, after investigation, Investigating officer  decided / join hand with accused and told me that the case is of civil nature, I opposed and argued even I provide all evidence and he verified and justify all , but I.O. didn't agreed with my lawful arguments and clearly said that he would not submit challan in court ? I want to know from subject experts about his intention and also want to know what I should have to do in this situation ? I meet personally to D.C.P. and told all facts about the matter and request him to get change I.O. but all in vain ?Will he submit closer report in the court or anything else ?



 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 September 2020

1. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
 

Narendra   21 September 2020

Mr.Hemant , please explain what kind of report I.O. submit in court if he filed by court order ? Is it closer report for civil nature case or charge sheet for criminal case or final report ?

Dr J C Vashista (Lawyer)     22 September 2020

Mr. Narendra,

Instead of writing whole story in one sentence it would be better to make the circumstances clear for better appreciation of facts, which are vague.

Be clear

What can be inferred from the facts given, it is pure criminal case but IO shall file closure report for that you can move protest petition.

Whatsoever, you can move consumer complaint for misleading advertisement, malpractices etc. in terms of Consumer Protection Act, 2019 as well as civil compensation for damages (if any) suit besides proceeding in instant FIR.

Regards 

 

Narendra   22 September 2020

Thanks  , Dr. Vashista for your important advice, Regards 

Suri.Sravan Kumar (senior)     22 September 2020

the police will inform you about the action by issuing notice to you.. If they inform you that it is civil nature you can lodge protest and approach the court.

1 Like

Narendra   22 September 2020

Mr. suri, thanks for advise. 

Dr J C Vashista (Lawyer)     22 September 2020

You are welcome Mr. Narendra.


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